First Amendment claims seen as Rx for drug makers, headache for consumers

By Paul Raeburn
FairWarning
Off-label promotion has long been considered a serious white-collar crime. The FDA has fined drug companies billions of dollars for off-label violations. The aim: to prevent them from overstating the benefits and understating the risks of their products, a practice known as misbranding – and one that sometimes leads to patients getting drugs that prove harmful or even deadly.
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